CHRISTIAN SALGADO
v.
STATE OF FLORIDA
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The trial court's rulings were affirmed on the merits, and Salgado's separate notice of appeal was dismissed for lack of jurisdiction due to untimely filing.
[1] A notice of appeal filed more than thirty days after rendition of the order being appealed is untimely and deprives the appellate court of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceChristian Salgado and the State of Florida appealed from a circuit court order in Orange County. Salgado filed both a cross-appeal and a separate noti…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE OF FLORIDA,
Appellant/Cross Appellee,
v. Case No. 5D18-3308, 5D18-3559
CHRISTIAN SALGADO,
Appellee/Cross Appellant.
________________________________/
Opinion filed February 7, 2020
Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge.
Ashley Moody, Attorney General, Tallahassee, and Rebecca
Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant/Cross Appellee.
Michelle P. Smith, of Law Office of Michelle
P. Smith, P.A., Orlando, for Appellee/Cross
Appellant.
EDWARDS, J.
After careful review, we affirm the lower court’s rulings with regard to the issues raised by the State in its appeal and by Christian Salgado in his cross-appeal. In addition to his cross-appeal, Mr. Salgado filed a separate notice of appeal; however, because that notice of appeal was filed more than thirty days after rendition of the order being appealed
2 it was untimely. Accordingly, we dismiss Mr. Salgado’s appeal as we lack jurisdiction. See Tillman v. State, 260 So. 2d 870, 871 (Fla. 1st DCA 1972). APPEAL AND CROSS-APPEAL AFFIRMED; SALGADO’S APPEAL DISMISSED.
HARRIS and TRAVER, JJ., concur.